Public Awareness

Writings of New Constitutions

Writing A New Constitutions of Nepal That Establishes Institutions of Federal System of Democratic Government with Republic setup through the Electoral Mandate of the Constituent Assembly Elections:

The new constitution must establish the complete electoral system from grass-root level to the Parliament to accomplish the people's mandate for the complete democracy. 

The new constitution must lay the foundations for the federal system of governmental institutions from district level to the capital. 

Such institutions must allow the seventy five districts of Nepal to be administered by the elected district governor, and district assembly members cabinet, the district court must provide justice by the elected district judges and district attorneys, and the law must be enforced by the elected district law enforcement officer and the district police academy.

All the members of both - upper and lower house - must be popularly elected by the popular votes of people of Nepal.

The members of upper house of the Parliament should be nominated for the election from among the honorable members of civil society, intellectuals, professionals, human rights activists, entrepreneurs, industrialists each from seventy five districts of Nepal to be elected by the people of districts of Nepal.

The members of lower house of the Parliament should all be ticketed or nominated by the political parties of nation to be elected by the popular votes of the poeple of Nepal based on the population of each district.

The minimum academic education for the members of both house in the Parliament must be set to Bachelor's degree from accredited University or college.

The governors or district chairpersons' minimum academic education must be set also to Bachelor's degree from accredited University or college.

District assembly members' minimum academic education must be set to 10-plus-12 (High school graduation and 2 years of college degree).

The minimum academic education for the mayors of metropolitan cities must be set to Bachelor's degree from accredited University or college.

All other city and village level assembly members' academic education must be set minimum to High School Degree or School Living Certification.   

All the government appointees for the government agencies and corporations must go through the Parliamentary hearing and voting procedures before the appointments for the post:

Cabinet nominates the candidates for the positions to be examined by the lower and upper house members of the Parliament for hearing and voting.

With such democratic procedures the government appointments must be unconstitutional.

It is the right and the responsibility of Nepali people now at this point and time that we have historically reached the mandate from the people's movement II to accomplish "Constituent Assembly Elections." 

It is people's mandate to decide whether we want to have a democratic republican state or a democratic kingdom with ceremonial monarchy.  But the past had many times forced us to live under the threat of absolute power of a monarchy who ruled the nation arbitrarily at his will with utter disregard to people’s wish for democracy.

How can we trust such a monarchy that who in 21^st century propagates to be the incarnation of a protagonist god of Visnupurana, one of the celestial storybooks of Hindu?

It is obvious that this institution of monarchy with its outdated values, with its primitive traditions that contradicts Vedic and Buddha's teachings, with its superstitions that it tries to impose upon innocent Nepali people, with its feudal oligarchic set of arbitrary rules and with its presence in the poorest county of the world in this 21st century cannot be survived in the movement of time for complete democracy.

I think there are only two ways left in this 21st century for an institution of monarchy to survive. One way is that the monarchy must be very wisely rich, I mean billionaire in Euro, to invest its capital in the global economy under the rule of law like the British monarchs. Other way is that all the members of monarchy must be very intelligent to adapt democratic secular values, live their lives strictly by the rule of law, stand for civil liberty and human rights, enlighten themselves with scientific observations from the factors of evolution of life to workings of DNA, to atom, cell, molecules to elements from earth to stars to galaxies. 

So they can see clearly in reality how importance it is for human life to have civil liberty and human rights in whole of humanity.  With that vision they advocate quality education to understand the scientific reality of existence.  In their lives then they see clearly that religions with plain faith, believes, superstitions, rituals, rites to its gods, goddesses, temples, churches, masques, monasteries and so on are simply the works of those men who could only interpret the unknown this way. 

But the Nepali monarchy and its entire dynasty neither ever had such insight nor will ever have in the future. As a matter of fact, they have not yet evolved to lay the foundation for such intelligent heritage in their dynasty.

Since their values are primitive, irrational and unjust to 21st century's humanity it is time for Nepal to go ahead with mandate of people’s movement II to comply the rights and responsibilities of people to rule their homeland themselves. This is what I mean by the establishment of Democratic Republic of Nepal.

For a moment, if Shah monarchy and its dynasty had a thoughtful, rational and just way of heritage, Nepal could have been formed as nation with the values and teachings of Buddha. The nation had not need to go through the caste divisions with untouchable human labels; the nation had not need to see the loss of human noises and ears in the name of unification; the nation had not need to see the brutal death of country’s Prime Minister Bhimshen Thapa; the nation had not need to witness the bloody Bhandarkhalprava and in 21st century the massacre of the educated king and his entire family! 

This is how Nepali people as human being question the entire history of Shah dynasty.  But the members of Shah dynasty and their puppets (feudal lords) still think Nepali people are Shah's subjects but not rational and thoughtful human beings!

But people have not sacrificed their lives in the final showdown for nothing or for fun to make Shah dynasty happy. But to put an end to the continuance of monarchy whose heritage is based on the arbitrary rule of law and whose foundation is build up of irrationality, superstitious, and ignorance.

Therefore constituent assembly elections are mandatory and people have right to decide what they really want – a Democratic Republic of Nepal or a Democratic kingdom of Nepal with the ceremonial monarchy.

Then only the elected members of constituent assembly can decide to write the new constitution with the electoral mandate of the people of Nepal. That would be then the constitution for the Democratic Republic of Nepal or the Democratic Kingdom of Nepal. 

It must be mandatory that people decide before the draft of a new constitution of Nepal through the constituent assembly elections that what kind of government they want to establish in their homeland - Democratic Republic of Nepal or Democratic Kingdom of Nepal.

Otherwise how could the elected members of constituent assembly draft the constitution if they do not have clear electoral mandate from the people of Nepal to draft a constitution for Democratic Republic with Federal governance system or with the Democratic kingdom with Federal governance system to completely restructure the country from grass-root level of local governance logistics to the Parliament and Cabinet?

We must go ahead with this historical change at this point to abolish the entire underlying feudal oligarchic and autocratic government logistics from the government practice by restructuring the whole state entirely from the grass-root level. The new constitution of Nepal thus can set the federal system government which will allow people to elect their district governor or chair and district assembly members to form the district cabinet to administer their own districts as autonomous body of their local government.

For example, how the appointments of Supreme Court judges and attorney general are processed normally in a democratic nation as follow:

First candidates are nominated by the cabinet or the government to bring to the Parliament for hearing.

After both lower and upper house hearings of the Parliament are done with voting in the both house for the appointment then only Supreme Court judges and the attorney general are appointed in the post.

Such complete democratic procedure must be applied to all government appointments. We cannot practice the way the present government of seven parties appointed the corporate chiefs and promoted the secretaries of ministries. Such arbitrary appointments are the continuation of the practice of the feudal oligarchic and autocratic logistics. Such arbitrary actions of the present government are against the spirit of the people’s movements – this is what people want to end it.

Like wise in the hearings of Parliaments the members of Parliament must thoroughly and honestly investigate the nominees' bio-data and personal background in terms of their affiliations to political party, ideology, finance transactions and religion to make sure that he or she can do the job properly and impartially to serve the people with respect to the constitution of Nepal.

This means abolition of the centrally controlled government logistics of old regimes - feudal oligarchic and military autocratic governments’ establishments.

In order to restructure the nation the elected district chiefs or governors and district assembly members’ cabinet must administer the districts of Nepal. But the appointment of the district chief administration officer by the central government to administer the district must be unconstitutional.

Similarly, except for the Supreme Court judges and Attorney General all other judges such as district judges, attorneys and district law enforcement officer (police) must be in the general election ballot to be elected by the popular votes of the people of Nepal.

It is democratic practice to establish law enforcement logistics or policing from grass-root local level. In Nepal we can start from district level through general election ballot. Each district must establish district level of police academy for police personnel appointments and training. From such police professionals a district law enforcement officer must be elected by the popular votes of the people of each district.  

In federal system of democratic government there should only be district law enforcement chief in seventy-five districts with the mandatory following regulations: 

District police chief and police personnel must be the permanent resident of the district. 

No law enforcement personnel can be diploid in a district with the residency of other district such as sending a police personnel from Kathmandu to run Jumla.

There should never be national law enforcement (police) chiefs such SP, ISP, SSP and so on to control centrally the law enforcement personnel in the whole nation.

In democratic practice there must be district level of law enforcement practice and responsibility on the part of law enforcement agency such as police force to keep the law and order within the district level.    

The national intelligence agency must be established under the supervision of the attorney general as federal intelligence agency to monitor national law enforcement regulations. All the national police chiefs we have piled in Kathmandu can work as intelligence officers to eliminate the national police chief positions.

At this point we do not know whether we can bring such deep change in the government practice because many of us especially the politicians may not be experienced to vision such changes. But I think the decentralizations of the administration to the district level; judiciary and law enforcement to the district level will control the uncontrollable national corruptions and might help generate local revenues.

But if we only cry for the complete democracy but we fail to bring such scrupulous detail oriented changes in the government practice then I guess we will have same political and development scenarios as we have had with present government and the previous governments that functioned with centrally controlled mechanism of the feudal oligarchic logistics.

If we are serious for changes to bring about complete democracy then I think we cannot obviously continue with the government practices of the old regimes or establish a Biharian and Upean style of democracy of northern India.    

Dedication:
This web site www.nepalcivilsociety.org is dedicated to the Civil society of Nepal. It is to honor the work of all members of Civil Society of Nepal  who dedicated their lives to the Liberty of People of Nepal. The purpose of this web site is to promote the movement of Civil Society as part of Nepali culture with the objectives to protect civil liberty of people of Nepal through public awareness.

Individuals who are interested to contribute in processing information for Nepal Civil Society works on this site in English and Nepali are most welcome to join the design and development of this website. Please contact Anon Liberty (Who is Anon Liberty?) at anon@nepalcivilsociety.org